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Ohio Questions & Answers
1 Answer | Asked in Probate for Ohio on
Q: Since I live in a state that requires a will be witnessed and it was not do I need to file intestate
Anthony M. Avery
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answered on Jul 9, 2024

Obviously there is no will. But you should consult with an OH attorney to see if probate administration is necessary or not. There are alot of considerations and expenses, and if the assets are not substantial, probate should be avoided.

1 Answer | Asked in Employment Law for Ohio on
Q: Can my job require me to take FMLA, if an employee doing the same job in another state would not need to take FMLA?

Because I live within 50 miles of my company headquarters, I’m required to go into the office 2 days a week. I’ve no issue with going into the office, but my parent needs surgery and will need home supervision for a couple months. No one else is able to care for this parent. I’d like to work... View More

Kyle Anderson
Kyle Anderson
answered on Jul 9, 2024

The FMLA is a complicated statute, and it cannot be said with certainty whether or not what your employer is doing is "legal." I think there is a more viable, potential issue with discrimination by association under a certain provision of the ADA. I'd reach out for a consultation.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Is it possible to keep co-owning a house while applying for marriage dissolution in Ohio? Thanks!

Me and my husband are filling for marriage dissolution, and we agreed on everything and want to keep the house in both names, as it is, and use the property as a rental home. While filling for it, there's no option to "co-own" the property, but I read in some articles online that... View More

Samuel Patry
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Samuel Patry
answered on Jul 3, 2024

Generally speaking, the purpose of terminating your marriage is to disentangle you and your spouse from one another, including mutual obligations related to the ownership of a home. Additionally, continuing to co-own a home after the termination of your marriage (even if through a dissolution) can... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Can I win against an adoption petition?

I pay my ordered child support, but haven't seen my kids in almost 9 years. Their mother prevented contact. I know I should have filed for visitation long ago. My kids want nothing to do with me. What should I do?

Nicholas P. Weiss
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answered on Jul 3, 2024

You are in a very tough position. A biological parent's consent is not needed for a step-parent adoption if they have had less than de minimus contact with the minor children for more than one year without reasonable excuse. A court will have a hard time concluding that your failure to file... View More

1 Answer | Asked in Bankruptcy for Ohio on
Q: Will my secured debt creditor take the initiative to repossess the property?

I filed for a chapter 7 bankruptcy earlier this year and received a discharge judgement in May of 2024. Along with my unsecured credit card debt, the bankruptcy also discharged a secured debt in the form of an auto loan. I had not signed the provided reaffirmation agreement provided by the creditor... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's an analysis of your situation:

1. Discharge of secured debt: While your Chapter 7 bankruptcy discharged your personal liability for the auto loan, it did not eliminate the creditor's security interest in the vehicle.

2....
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1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Ohio on
Q: How do I file a civil suit against a police department and those that made a false report?

I was reported to the police department that I had pointed at gun at a citizen that was not true. I was approached by several officers with their guns drawn. It was discovered that I had never had a gun and that those that reported that I did reported it because of my race. The officers then... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand this is a serious and sensitive situation. To file a civil suit against a police department and those who made a false report, you should consider the following steps:

1. Document everything: Gather all evidence, including the body cam footage, arrest records, dismissal...
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1 Answer | Asked in Internet Law and Juvenile Law for Ohio on
Q: Is it illegal for a minor to draw and show publicly nude paintings of non-minors?

Example: A 14 year old having vaginal imagery in a painting.

James L. Arrasmith
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answered on Jun 29, 2024

This is a sensitive legal question involving minors and sexual content. Here are some key points to consider:

1. Laws around minors and sexual content can be complex and vary by jurisdiction. In general, there are concerns about protecting minors from exploitation.

2. Artistic...
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1 Answer | Asked in Small Claims for Ohio on
Q: If my boyfriend gave me an iPhone, but is still paying for it, and we break up can he take it back?

My boyfriend bought me an iPhone 14 and gave it to me because my previous phone had broke, he’s still paying for it. But every argument he tells me to give it back to him.. do I legally have to or is it mine? I have numerous messages saying he bought and gave it to me. is that enough to make... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Legally, a gift is a gift. No take-backs.

That being said, you need to carefully consider your relationship. Some people in a relationship use money to control their partner. This can create a difficult and potentially dangerous dynamic in the relationship. Often, one person becomes...
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1 Answer | Asked in Employment Law for Ohio on
Q: I drive truck for 7up. Work truck ball joints are bad. Boss told me it would get fixed. Next day txt my truck fixed. NOT

He didn't even have it sent in. He lied to me about making a company vehicle safe for me to drive. I had to drive to West Virginia almost 200 miles that day. I have pictures before after. I have text messages between a coworker also from me and my boss about it. And the text he lied about my... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

A commercial truck driver may not operate a truck or other vehicle with a known safety issue or defect. This is a "you" problem as much as a "boss" problem. Your evidence collection establishes that "YOU" had scienter--that is, actual knowledge of the dangerous... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Ohio on
Q: How do I get a lawyer for my husband who is being held in Miami county jail on a PV holder for invest.

He’s been held for almost two weeks. And it’s over a neighbor saying he verbally threatened them. Which is a lie.

James L. Arrasmith
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answered on Jun 21, 2024

To help your husband get legal representation while he's being held in Miami County Jail, you can take the following steps:

1. Contact the Miami County Public Defender's Office:

If your husband cannot afford a private attorney, he may qualify for a court-appointed lawyer....
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: What can I do to get my belongings back from my boyfriends mother?

For context, my boyfriend and I ended up losing our home and living in his moms basement for a couple months. I found out I was pregnant and soon after, him and his mom had gotten into an argument about the way we were being treated there. (Not being able to do laundry, being accused of things we... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some potential steps you could consider:

1. Document everything: Make a detailed list of all your belongings that are still at your boyfriend's mother's house, including any items of particular value or importance.

2....
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1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Ohio on
Q: Can security of am amusement park detain and question minors without parents being present?
James L. Arrasmith
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answered on Jun 21, 2024

In general, security personnel at an amusement park can temporarily detain and question minors without parents present if they have reasonable suspicion of wrongdoing. However, there are important considerations:

1. Detention should be brief and reasonable in scope.

2. Questioning...
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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: my ex is in contempt 2nd time has not bought me out of my half of the house, and it is now appraised to a higher amount?
James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a concise response to the situation:

1. Your ex-spouse is in contempt of court for the second time.

2. They have not bought you out of your half of the house as required.

3. The house has now been appraised at a higher value....
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1 Answer | Asked in Criminal Law and Social Security for Ohio on
Q: Can you be charged for receiving stol in property if the police find a stolen car in front of your house but you didn't
James L. Arrasmith
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answered on Jun 19, 2024

Generally speaking, to be guilty of receiving stolen property under Ohio law (ORC 2913.51), the prosecution would need to prove beyond a reasonable doubt that you received, retained, or disposed of property of another, knowing or having reasonable cause to believe the property was obtained through... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Ohio on
Q: if someone was looking through my windows and took photos, can i build a case on them??

the person is someone who works in the office for my neighborhood, i own the home, we just rent the land its on.

James L. Arrasmith
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answered on Jun 15, 2024

If someone is looking through your windows and taking photos, you may have grounds to build a case against them for invasion of privacy. This behavior can be intrusive and might violate your right to privacy within your own home. It's important to document the incident, including any evidence... View More

1 Answer | Asked in Civil Rights for Ohio on
Q: my city police and sheriff’s office has refused to write a report for me on 2 different occasions in the last year.

I didn’t know they were allowed to refuse to write a report for a victim.

James L. Arrasmith
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answered on Jun 15, 2024

It's frustrating to hear that your city police and sheriff’s office have refused to write a report for you on two occasions. While it’s surprising that they would refuse to document your situation, there may be specific policies or reasons behind their decision. However, as a victim, you... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Ohio on
Q: I’m 18 am I allowed to open carry a pistol givin to me and carry it in my car unloaded and put in trunk
James L. Arrasmith
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answered on Jun 15, 2024

In the United States, firearm laws vary significantly by state, so it's crucial to know the specific laws in your state regarding open carry and transportation of firearms. Generally, federal law allows individuals 18 years and older to possess a handgun, but states have their own regulations... View More

1 Answer | Asked in Civil Rights and Criminal Law for Ohio on
Q: My ex hacked my security cameras and is blackmailing me with photos she took from it what can I do
James L. Arrasmith
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answered on Jun 10, 2024

If your ex hacked your security cameras and is blackmailing you with photos, it's important to take immediate action. Start by securing your devices and changing all passwords associated with your security cameras and other accounts. Make sure to use strong, unique passwords to prevent further... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: I’m running a daycare center out of my home do I have to allow the government to see/open my safe to “look” at my guns?

I’m currently trying to have a home daycare center in my home to add extra income. The governing agency is going to do a walk thru of the property they want to see my safe to show I keep the guns in there but now they want me to open it and show them the weapons. Is it legal? Do I have to grant... View More

James L. Arrasmith
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answered on Jun 10, 2024

Operating a daycare center from your home involves complying with various safety regulations, including the proper storage of firearms. The governing agency's request to see your gun safe is likely part of their effort to ensure the safety of the children under your care. They want to confirm... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Legal Malpractice for Ohio on
Q: What do I do because my son’s lawyers did not have him evaluated. They made have decide plea of life or trial maybe deat

Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is... View More

James L. Arrasmith
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answered on Jun 10, 2024

It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the... View More

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